Demolition Delay Bylaw Steps and Process

Procedural Steps and Timetable in the Demolition Delay Bylaw Process

 

Initial Action The property owner (“applicant”) submits a completed and signed Building Demolition Permit application to the Sudbury Building Inspector for a partial or complete demolition of a building or structure.  
Bylaw

Section 4

Step

 Action Timeline
1
  • The Building Inspector forwards a copy of the Demolition Permit application for a building or structure identified in the bylaw to the Historical Commission and notifies the applicant in writing. 
  • The Building Inspector must act within five (5) business days after the application filing.

 
2
  • The Historical Commission schedules a site inspection visit with the applicant.
  • If the Historical Commission fails to schedule a site inspection, then the Building Inspector may issue a Demolition Permit.
  • Within 30 business days after the Historical Commission’s receipt of the Demolition Permit application.

 

 

 

 
3
  • If the Historical Commission determines the building or structure is not historically significant, it notifies the Building Inspector and the applicant in writing. The Building Inspector may issue a Demolition Permit.
  • If the Historical Commission determines the building or structure is historically significant, it notifies the Building Inspector and the applicant in writing that a demolition plan review must be made prior to the issuance of a Demolition Permit. 
  • If the Historical Commission fails to notify the Building Inspector of its determination of the site inspection within 30 business days, then the building or structure is deemed not historically significant, and the Building Inspector may issue a Demolition Permit. 
  • Within 30 business days of the site inspection.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 
4
  • If the applicant is notified that the building or structure is historically significant, he or she will submit to the Historical Commission a minimum of five (5), but preferably nine (9), hard copies and a PDF file of a demolition plan which includes:
    • A map showing proposed building or structure demolition with reference to lot lines and the neighboring building and structures,
    • Photographs of all street façade elevations,
    • A description of the building or structure, or part thereof, to be demolished,
    • The reason for the proposed demolition, and
    • A brief description of the proposed reuse of the parcel on which the building or structure for proposed demolition is located.
 Within 60 days after the applicant is notified the Historical Commission has determined that a building or structure is historically significant.

 
5
  • Prior to a public hearing, the Historical Commission will provide notice in local newspaper(s), and  
    • By mailing to the applicant, owners of adjacent properties, other properties materially affected, and to the 
    • Select Board, Planning Board, Zoning Board of Appeals, and others as to be determined.
  • The Historical Commission will hold a public hearing for the Demolition Permit application.
  • The Historical Commission will determine if the building or structure should preferably be preserved.
  • Prior to the public hearing: At least 14 days prior notice in the newspaper and prepaid mailings.

 

 

 

 

 

 

 

 

  • 30 business days or sooner upon the receipt of the demolition plan (step #4).

 

 

 

 
6
  • If considered preferably preserved, the Historical Commission will provide a written report to the Building Inspector and the applicant which will include certain information as specified in the demolition bylaw.
  • If determined preferably preserved, no Demolition Permit will be issued until six (6) months after the date of the Historical Commission determination of preferably preserved status.
  • If determined not preferably preserved, the demolition bylaw is not applicable.  The Historical Commission will notify the Building Inspector and the applicant that a Building Permit will be issued.
  • Within 30 days after the public hearing in step #5.
7
  • Upon commencement of the six (6) month delay period, the Historical Commission will also notify the Massachusetts Historical Commission, Town Planner, Town Manager, Community Preservation Committee, and any other interested parties to obtain assistance in preservation funding or alternate adaptive use.
  • The Historical Commission seeks to collaborate with the owner to participate in an investigation of alternatives including incorporating the building into future site development, adaptive re-use, seeking a new owner willing to reuse, preserve, restore or rehabilitate, move to another location and so forth.
  • The demolition delay period: spans the six (6) months after the Historic Commission’s preferably preserved determination.
8 Once the building or portion thereof or a structure has achieved preserved status, the owner is responsible for properly securing the building to the satisfaction of the Building Inspector. Failure to do so will be considered voluntary demolition, and the owner will be responsible for all non- compliance penalties should loss occur through fire or other cause.
  • During the demolition delay period.